Has anyone found support in the 1995 EU directive or in the Parliamentary debates to support the Information Commissioner's interpretation of s. 7(4) to allow a confidential reference to be withheld by the recipient institution only where (1) the the identity of the author of the reference or (2) information about someone other than the author and the data subject is discoverable from the reference?
S. 7(4) states "Where a data controller cannot comply with the request without disclosing information relating to another individual who can be identified from that information, he is not obliged to comply with the request [unless certain conditions apply e.g. it is reasonable in all the circumstances to comply without the individual's consent]"
S.7(5) states that s.7(4) "includes a reference to information identifying that individual as the source of the information sought by the request".
What is there to stop s.7(4) being interpreted to require a reference to be withheld because the author's opinion can be discovered from the reference? Isn't that "information relating to another individual"?
Rosemary Pattenden, UEA, Norwich
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